Bogroff v. Colvin
Filing
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ORDER Granting 36 Stipulation. IT IS ORDERED that fees and expenses in the amount of $4,400.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. Signed by Judge James C. Mahan on 8/8/16. (Copies have been distributed pursuant to the NEF - TR)
Case 2:13-cv-00267-JCM-NJK Document 36 Filed 08/05/16 Page 1 of 5
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Marc V. Kalagian
Attorney at Law: 4460
Law Offices of Rohlfing & Kalagian, LLP
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel.: (562)437-7006
Fax: (562)432-2935
E-mail rohlfing.kalagian@rksslaw.com
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Leonard Stone
Attorney at Law: 5791
Shook & Stone, Chtd.
710 South 4th Street
Las Vegas, NV 89101
Tel.: (702)385-2220
Fax: (702)384-0394
E-mail: kshonfeld@shookandstone.com
Attorneys for Plaintiff
Tammy R. Bogroff
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TAMMY R. BOGROFF,
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Plaintiff,
vs.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
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Case No.: 2:13-cv-00267-JCM-NJK
STIPULATION FOR THE AWARD
AND PAYMENT OF ATTORNEY
FEES AND EXPENSES PURSUANT
TO THE EQUAL ACCESS TO
JUSTICE ACT, 28 U.S.C. § 2412(d)
AND COSTS PURSUANT TO 28
U.S.C. § 1920
TO THE HONORABLE NANCY J. KOPPE, MAGISTRATE JUDGE OF
THE DISTRICT COURT:
IT IS HEREBY STIPULATED by and between the parties through their
undersigned counsel, subject to the approval of the Court, that Tammy R. Bogroff
be awarded attorney fees and expenses in the amount of four thousand four
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Case 2:13-cv-00267-JCM-NJK Document 36 Filed 08/05/16 Page 2 of 5
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hundred dollars ($4,400.00) under the Equal Access to Justice Act (EAJA), 28
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U.S.C. § 2412(d). This amount represents compensation for all legal services
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rendered on behalf of Plaintiff by counsel in connection with this civil action, in
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accordance with 28 U.S.C. §§ 1920; 2412(d).
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After the Court issues an order for EAJA fees to Tammy R. Bogroff, the
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government will consider the matter of Tammy R. Bogroff's assignment of EAJA
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fees to Marc V. Kalagian. The retainer agreement containing the assignment is
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attached as exhibit 1. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521, 2529 (2010),
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the ability to honor the assignment will depend on whether the fees are subject to
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any offset allowed under the United States Department of the Treasury's Offset
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Program. After the order for EAJA fees is entered, the government will determine
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whether they are subject to any offset.
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Fees shall be made payable to Tammy R. Bogroff, but if the Department of
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the Treasury determines that Tammy R. Bogroff does not owe a federal debt, then
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the government shall cause the payment of fees, expenses and costs to be made
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directly to Law Offices of Rohlfing & Kalagian, LLP pursuant to the assignment
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executed by Tammy R. Bogroff.1 Any payments made shall be delivered to Marc
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V. Kalagian.
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This stipulation constitutes a compromise settlement of Tammy R.
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Bogroff's request for EAJA attorney fees, and does not constitute an admission of
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liability on the part of Defendant under the EAJA or otherwise. Payment of the
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agreed amount shall constitute a complete release from, and bar to, any and all
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claims that Tammy R. Bogroff and/or Marc V. Kalagian including Law Offices of
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The parties do not stipulate whether counsel for the plaintiff has a cognizable lien
under federal law against the recovery of EAJA fees that survives the Treasury
Offset Program.
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Case 2:13-cv-00267-JCM-NJK Document 36 Filed 08/05/16 Page 3 of 5
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Rohlfing & Kalagian, LLP may have relating to EAJA attorney fees in connection
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with this action.
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This award is without prejudice to the rights of Marc V. Kalagian and /or the
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Law Offices of Rohlfing & Kalagian, LLP to seek Social Security Act attorney
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fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the
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EAJA.
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DATE: August 5, 2016
Respectfully submitted,
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ROHLFING & KALAGIAN, LLP
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/s/ Marc V. Kalagian
BY: _________________________
Marc V. Kalagian
Attorney for plaintiff Tammy R. Bogroff
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Of Counsel:
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Monica Perales
Attorney at Law
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DATED: August 5, 2016
DANIEL G. BOGDEN
United States Attorney
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/s/ Sharon Lahey
BY:
SHARON LAHEY
Assistant Regional Counsel
Attorneys for Defendant
(Per e-mail authorization)
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Case 2:13-cv-00267-JCM-NJK Document 36 Filed 08/05/16 Page 4 of 5
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PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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I am employed in the county of Los Angeles, State of California. I am over
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the age of 18 and not a party to the within action. My business address is 12631
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East Imperial Highway, Suite C-115, Santa Fe Springs, California 90670.
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On this day of August 5, 2016, I served the foregoing document described as
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STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES
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AND EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT,
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28 U.S.C. § 2412(d) AND COSTS PURSUANT TO 28 U.S.C. § 1920 on the
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interested parties in this action by placing a true copy thereof enclosed in a sealed
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envelope addressed as follows:
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Ms. Tammy R. Bogroff
4548 Via San Marco
Las Vegas, NV 89103
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I caused such envelope with postage thereon fully prepaid to be placed in the
United States mail at Santa Fe Springs, California.
I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
I declare that I am employed in the office of a member of this court at whose
direction the service was made.
Monica Perales
TYPE OR PRINT NAME
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/s/ Monica Perales____________
SIGNATURE
Case 2:13-cv-00267-JCM-NJK Document 36 Filed 08/05/16 Page 5 of 5
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CERTIFICATE OF SERVICE
FOR CASE NUMBER 2:13-CV-00267-JCM-NJK
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I hereby certify that I electronically filed the foregoing with the Clerk of the
Court for this court by using the CM/ECF system on August 5, 2016.
I certify that all participants in the case are registered CM/ECF users and
that service will be accomplished by the CM/ECF system, except the plaintiff
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served herewith by mail.
/s/ Marc V. Kalagian
_______________________________
Marc V. Kalagian
Attorneys for Plaintiff
Case 2:13-cv-00267-JCM-NJK Document 36-1 Filed 08/05/16 Page 1 of 2
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Marc V. Kalagian
Attorney at Law: 4460
Law Offices of Rohlfing & Kalagian, LLP
211 East Ocean Boulevard, Suite 420
Long Beach, CA 90802
Tel.: (562)437-7006
Fax: (562)432-2935
E-mail rohlfing.kalagian@rksslaw.com
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Leonard Stone
Attorney at Law: 5791
Shook & Stone, Chtd.
710 South 4th Street
Las Vegas, NV 89101
Tel.: (702)385-2220
Fax: (702)384-0394
E-mail: kshonfeld@shookandstone.com
Attorneys for Plaintiff
Tammy R. Bogroff
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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TAMMY R. BOGROFF,
Plaintiff,
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vs.
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CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
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Defendant
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Case No.: 2:13-cv-00267-JCM-NJK
[PROPOSED] ORDER AWARDING
EQUAL ACCESS TO JUSTICE ACT
ATTORNEY FEES AND EXPENSES
PURSUANT TO 28 U.S.C. § 2412(d)
AND COSTS PURSUANT TO 28
U.S.C. § 1920
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Based upon the parties’ Stipulation for the Award and Payment of Equal
Access to Justice Act Fees, Costs, and Expenses:
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Case 2:13-cv-00267-JCM-NJK Document 36-1 Filed 08/05/16 Page 2 of 2
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IT IS ORDERED that fees and expenses in the amount of $4,400.00 as
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authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation.
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DATE: August 8, 2016.
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___________________________________
THE HONORABLE NANCY J. KOPPE
UNITED STATES DISTRICT JUDGE
UNITED STATES MAGISTRATE JUDGE
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